ICE agent’s accused killer appears for the first time in U.S. federal court

A federal judge signaled today he would allow Mexico and U.S. prosecutors to team up in the trial of a Mexican drug cartel member accused of killing U.S. Immigration and Customs Enforcement special agent Jaime Zapata.

It was the first time that Julian Zapata Espinoza, known as “El Poilin” or “Tweety Bird” has appeared in U.S. court for proceedings since arraignment.

U.S. Chief Judge Royce Lamberth warned prosecutors that even though he would waive provisions for a speedy trial because of its complex nature, prosecutors from both governments would need to move expeditiously regardless of sovereignty issues.

“We can send them right back to their sovereignty if they do not want to cooperate with us,” Lamberth said.

Justice Department lawyer Michael DiLorenzo asked the judge to designate the case complex and give more time to the prosecution to receive ballistics reports, crime scene reports and documents from agencies in Mexico where the crime occurred.

Lamberth said he would likely rule in favor of the request over the objections by court-appointed defense lawyer Ron Earnest, who represents Julian Zapata Espinoza, known as “El Poilin” or “Tweety Bird.”

Zapata Espinoza, sporting a goatee and close cropped hair, was in the courtroom wearing an orange District of Columbia jail jumpsuit.

He remained motionless during the proceedings.

“He’s a little surprised. He’s disoriented. He’s not familiar with the American system of justice,” Earnest said.

Lamberth set another hearing date of April 25. A trial in the case is not expected until later this year.
A federal grand jury in the District of Columbia returned a sealed indictment charging Zapata Espinoza with Zapata and the attempted murder of ICE special agent Victor Avila last April.

Zapata Espinoza also is charged with murder and attempted murder of internationally protected persons and using a firearm during the crimes.

The indictments were opened when Zapata Espinoza was extradited from Mexico in December to face the charges in U.S. district court.

He is being held without bail.

Agent Zapata, 32, of Brownsville, was gunned down on Feb. 15, 2011.

Zapata and Avila were consultants working with the Mexican government and traveling between Mexico City and Monterrey, near San Luis Potosi, when they were ambushed by a group of armed men.

Mexican and U.S. officials said the ambush was carried out by Los Zetas, one of the major criminal drug cartels operating in Mexico.

Ballistics and crime scene reports, as well as analysis, is part of the information Justice Department lawyers want to see before the next April 25 hearing in Washington.

“We continue to work with our partners south of the border to obtain additional documents,” DiLorenzo told the judge.

Zapata Espinoza was arrested following the ambush and has confessed to the shooting death of agent Zapata to Mexican authorities.

The National Defense Secretariat of Mexico said five other Los Zetas cartel members also were arrested in connection with the ambush.

Earnest said that even with indictments, he expects his client, Zapata Espinoza, to be tried alone on the charges he faces.

The death of Zapata and the attempted killing of Avila became an international incident that was discussed between President Barack Obama and Mexican President Felipe Calderon during a state visit last year.

Calderon and Mexican officials worked with the Justice Department, FBI, ICE, the Bureau of Alcohol Tobacco and Firearms, U.S. Customs and Border Protection and other U.S. agencies on the investigation.

Meanwhile, in Mexico, officials estimate that as many as 47,000 people have been killed in the drug wars since Calderon ordered a crack down nearly six years ago.